The Birmingham, Ala.-based Pepsi Co. beverage bottler was the first to file a change of venue motion over the Winn-Dixie (Pink Sheets: WNDXQ) case.

The filing is likely to be the last major move before Tuesday's hearing in New York, scheduled for 11 a.m., that will decide whether the Jacksonville grocer's bankruptcy case is moved from New York's Southern District to Florida's Middle District federal bankruptcy court.

In its motion, Buffalo Rock refutes the primary objections raised by several other creditors, such as convenience for existing counsel in the proceedings, the ability of the Jacksonville bankruptcy court to handle such proceedings and the inconvenience of moving a proceeding already underway.

Buffalo Rock particularly noted what the company perceived to be a failure by the unsecured creditors' committee.

"In filing the (motion to venue change), it appears that Buffalo Rock has actually undertaken the role that the Committee has left largely neglected: Protection of the interests of the unsecured creditors. In contrast, the Committee's objection to Buffalo Rock's motion serves interests yet to be explained," the filing states.